Guinta v. Yoost Photo Play Theatre Co.

Appellate Terms of the Supreme Court of New York

Guinta v. Yoost Photo Play Theatre Co.

126 Misc. 375, 213 N.Y.S. 394, 1926 N.Y. Misc. LEXIS 568

Appellate Terms of the Supreme Court of New York·Decided January 21, 1926·Published·Cited by 1 cases

Opinion

Per Curiam.

The trial judge has the power to grant or deny a motion upon legal grounds to set aside a jury’s verdict. But when that authority is once exercised his statutory powers are exhausted. (Colwell v. N. Y., N. H. & H. R. R. Co., 57 Misc. 623; Duran v. Chelsea Exchange Bank, 123 id. 158; Conolly v. Jolly, 86 id. 42.) It was, therefore, error for the court to entertain the motion for a reargument of its denial of the motion to set aside the verdict which error requires a reversal of the order. The order appealed from is reversed, with thirty dollars costs, and verdict reinstated.

All concur; present, Guy, Wagner and Lydon, JJ.

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Per Curiam.

The trial judge has the power to grant or deny a motion upon legal grounds to set aside a jury’s verdict. But when that authority is once exercised his statutory powers are exhausted. (Colwell v. N. Y., N. H. & H. R. R. Co., 57 Misc. 623; Duran v. Chelsea Exchange Bank, 123 id. 158; Conolly v. Jolly, 86 id. 42.) It was, therefore, error for the court to entertain the motion for a reargument of its denial of the motion to set aside the verdict which error requires a reversal of the order. The order appealed from is reversed, with thirty dollars costs, and verdict reinstated.

All concur; present, Guy, Wagner and Lydon, JJ.

Guinta v. Yoost Photo Play Theatre Co., 126 Misc. 375, 213 N.Y.S. 394, 1926 N.Y. Misc. LEXIS 568 (N.Y. Ct. App. 1926).

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